Arguments before the Committee on Patents of the House of Representatives, conjointly with the Senate Committee on Patents, on H.R. 19853, to amend and consolidate the acts respecting copyright: June 6, 7, 8, and 9, 1906.United States. Congress. House. Committee on Patents
History
Arguments before the Committee on Patents of the House of Representatives, conjointly with the Senate Committee on Patents, on H.R. 19853, to amend and consolidate the acts respecting copyright: June 6, 7, 8, and 9, 1906.
United States. Congress. House. Committee on Patents
Copyright -- United States
That the following be added to section 18, paragraph (_b_), line
7, of said paragraph, between the word "composition" and the word
"any," viz, "including any talking-machine record."
The amendment to section 3 is mainly designed to protect
talking-machine manufacturers who have invested very large sums of
money in records and in dies or matrices for pressing the same,
many of which contain musical compositions the notation of which
has been copyrighted, but which under existing laws these records
do not in any manner infringe. To now take away the right to use
these matrices and records, into which so much money has been put,
would be very unjust and inequitable and work a great hardship
upon the talking-machine manufacturers--that is, if my reading and
understanding of this bill is correct. This would tie up a very
large amount of capital, and place the talking-machine record
manufacturers at the mercy of the owners of subsisting copyrights.
The object of the amendment to section 18, paragraph (_b_), is to
relieve any doubt that records containing the characteristic
articulation of the human voice, or the characteristic
instrumentation by a performer, adapted for reproducing these
characteristic utterances and performances to the ear are intended
to be included as copyrightable matter under section 4 of this
bill.
I think there will be no question but that the particular
characteristic utterances of a singer, or recitationist, or of an
actor, or of an orator, or the particular instrumentation of a
pianist, or leader of an orchestra, etc., independent of the
composition itself, whether it is copyrighted or not, should be
equally entitled to protection, as a photograph or reproduction of
a work of art.
It matters not whether the subject-matter of the record is
otherwise copyrightable or not. If the piece played is copyrighted
as a musical composition, it can not be reproduced on a sound
record, in accordance with the bill, without the permission of the
composer. A Paderewski, however, may play the copyrighted
selection, and a record of his rendition of it, with all his
personality and individuality thrown into the piece, should be
entitled to a copyright on a sound record for reproducing
purposes.
This is true also of the voice of a Caruso or a Melba singing
either a copyrighted or uncopyrighted piece. It is true also, as a
further illustration, of the recitation by Henry Irving of "Eugene
Aramas' Dream." What is here copyrighted in these records is the
individuality and personality of the rendition by the performer.
It is the picture of the voice, or of the instrumentation, as, for
instance, a copyrighted photograph is a picture of a person or
thing.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account